Child Support: Resolve Paternity Of Kids, Get Child Support
This is a rare opportunity for fathers who are currently paying child support on kids not their own, with coming of the window to determine the paternity child with this new laws. Once you can prove it, then you stop paying child support but any accrued most be paid.
Men who have been paying child support for a child they believe is not theirs have 43 days to take their case to an attorney and get a court ordered paternity test.
Texas lawmakers recently passed a bill helping men who have dealt with mistaken paternity.
It gives men who have known they may not be the father of a child for more than a year a window of time starting in May 2011 to end payments when he has been wrongly named the father.
That window of opportunity closes September first, and a new law will go into effect.
Attorneys say getting out of paying child support was once difficult for men after the court determined a man was the father of a child. Even with DNA evidence, attorneys say father could rarely win the argument.
However, since the new law, more than 100 cases have been heard in Jefferson County. 80 percent of those men were found not to be the child’s father and no longer pay child support.
Playing with his family, Daniel Chilton and his wife say they would pay child support for a baby that wasn’t their biological child.
“I supposed that If I was financially able to pay for a child that I had something to do with then that would be the honorable thing to do,” said Daniel Chilton.
“I think it’s our duty as adults to take care of children,” said Emma Chilton.
Attorney Hubert Oxford says mistaken paternity happens, but a new law brings relief.
“There are a lot of fathers out there who are determined to be a father by the court systems based on allegations of a mother for one reason or another,” said Oxford.
With the May 2011 to September 2012 window, men who have known they may not be the father for more than a year can have the opportunity to do a court ordered paternity test. If they aren’t the father, they can stop paying child support.
Something Daniel Chilton understands.
“They were duped by somebody who said these are your kids, and they’re not, I understand wanting to get some financial relief,” said Chilton.
When September comes, men will then have to go to court within one year of becoming aware of mistaken paternity.
Oxford says the catch is, even if you aren’t the father you can still end up paying for a child that’s not yours if you aren’t up to date on your child support.
“The theory is you were the father at the time the child support was accrued,” said Oxford.
Oxford represented ten men in court, nine weren’t the father. He says he’s had conversations with more than 200 men. Attorney Glen Crocker says in the first month of the window opening he received more than 300 calls.
Daniel Chilton sees how every case is different.
“I think it may be a case by case basis where courts decide what’s best for kids not necessarily dad or the mom.”
This is a welcome relief for father that have been wrongly accused as father and kept paying child support on child not there’s to enjoy this chance of putting a stop to the payment of child support again once the court order has been obtained.
Video: Child Support – New Child Support Law – Texas
I hope you enjoyed the article and video on the new texas law on child support that give you window of opportunity to get the paternity of the kid you are paying child support on